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Home My WebLink About91-0925 Fence Buttell RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH BILL BUTTELL FOR THE INSTALLATION OF A FENCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Bill Buttell for the installation of a fence, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 25, 1991 Adopted: September 25, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT made and entered into this 07 day of May , 1991 by and between the City of Elgin, a municipal corporation, organized and existing under the laws of the State of Illinois (hereinafter referred to as "Licensor" ) and Mr. Bill Buttell of Elgin, IL (hereinafter referred to as "Licensee" ) . WITNESSETH WHEREAS, licensor is the owner of certain public property along 1135 Bellevue Avenue and legally described as follows : Lot 14, Block 10, Riverside Park Addition, Elgin, IL. and WHEREAS, Licensee desires to erect fencing on a portion of said property of Licensor for the purpose of enclosing Licensee' s yard. NOW, THEREFORE, the parties agree as follows : -2- 1 . Licensor hereby grants unto Licensee the right to erect fencing upon the premises outlined in Exhibit A, Attached hereto and incorporated herein for all purposes incident to this agreement. 2 . In consideration for this agreement, Licensee agreesto pay to Licensor a fee of Ten 0/0 Dollars ($10 . 00) due and payable when this agreement is executed. 3 . This agreement may be terminated by either party for any reason upon giving sixty ( 60) days written notice. In addition, this agreement may be terminated by Licensor upon five (5) days written notice to Licensee of a breach of any term or condition of this agreement. 4 . Licensee agrees to erect the fencing only with the specific written authorization of the City' s Public Works Director and at such site and manner as is designated by the Public Works Director. The written authorization for the erection of said fencing shall , among other items, provide for the minimum distances between the fencing and any sidewalks, streets and fire hydrants and for restrictions on the placement of any and all shrubs or bushes along said fencing. -3- 5. Licensee agrees that the fencing shall be erected and maintained at all times in a safe, neat, sightly and good physical condition and in accordance with all requirements of the Elgin Municipal Code, 1976, as amended. Licensor shall be the sole judge of the quality of the construction and maintenance, and upon written notice by Licensor, through its Public Works Director, stating in general terms how and in what manner maintenance is required, Licensee shall be required to perform such required maintenance. If Licensee fails to do so, then Licensor shall have the right to perform this maintenance, the cost of which shall be borne by Licensee. Such fencing shall be removed from the premises immediately upon receipt of instruc- tions from the Public Works Director for the removal of same. Licensee shall at its own responsibility and expense obtain and keep in effect all licenses, bonds and permits necessary for the installation and existence of the fencing. 6 . Licensee shall immediately remove, at his own expense, said fencing in the event Licensor determines such removal necessary or convenient for the installation, repair or replacement of any utilities or any other public improvements on the subject premises . Any replacement or repair of the fencing, under any circumstances, shall be at the sole expense of the Licensee. -4- 7 . Upon termination of this agreement, Licensee agrees to immediately remove the fencing from the premises and to restore the site to its original condition. If Licensee fails to exercise its duties under this paragraph, Licensor shall have the right to remove the fencing and restore the premises at no cost or liability to the City. Licensee covenants and agrees to reimburse Licensor for such removal and/or restoration. 8 . Licensor shall in no way be responsible for loss of or damage to the fencing or for any property belonging to or rented by Licensee, its officers, servants, agents or employees which may be stolen, destroyed or in any way damaged during the erection or maintenance of the fencing and Licensee hereby indemnifies and holds harmless Licensor, its officers, agents, servants and employees from and against any and all such claims. 9 . Licensee agrees to and does hereby, indemnify, hold harmless and defend Licensor, its officers, agents, servants and property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the existence, maintenance, use, or location of the fencing whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontrac- tors, licensees or invitees of Licensor; and Licensee hereby -5- assumes all liability and responsibility of Licensor, its officers, agents, servants and employees for such suits or claims . Licensee shall likewise indemnify and hold harmless Licensor for any and all injury or damage to the premises, whether arising out of or in connection with any and all acts or omisions of Licensee, its officers, agents, employees, contrac- tors, licensees, invitees or trespassers, or caused in whole or in part by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of Licensor. 10 . Licensee convenants and agrees to furnish Licensor with a certificate of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the use, maintenance, existence or location of the fencing. The amounts of such insurance shall be as follows : Comprehensive General Liability for Bodily Injury, Personal Injury and Property Damage: $100,000 per occurrence; $500,000 annual aggregate; with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at Licensor' s option and Licensee will so revise such amounts within thirty ( 30) days following notice to Licensee of such requirements . 11 . This license is personal to Licensee. It is nonassignable and any attempt to assign this license will be terminate the license privileges granted to Licensee hereunder. -6- 12 . Licensee agrees that should any action, whether real or asserted, at law or in equity, rise out of the terms of this agreement, or by Licensee' s operations on the premises, venue for said action shall lie in Kane County, Illinois . 13 . In any action brought by Licensor for the enforce- ment of the obligations of Licensee, Licensor shall be entitled to recover interest and reasonable attorney' s fees . 14 . Licensee agrees to provide for recordation of this agreement at his own expense and to provide proof of such recordations to Licensor. IN WITNESS WHEREOF the parties have caused this agreement to be executed by the Mayor and City Clerk of the City of Elgin and Mr. Bill Buttell . CITY OF ELGIN ,,/��Ld 11/74, BY 4 MAYOR -7- Attest: j-'44-1/1-71LE CITY C MR. BILL BUTELII By •�1i r `� OWN ' Y^d ,,'A 77-iff cifi 1, _0/7 ,{ "PaaYa Q .S'/✓/ 6:9 . 1 IN v 7 1\' ..7 /9_7/ •✓`I - 4 Y767H V7� ,-^N/7 '''V /1S�x� ...e.------0,-;(7, 1-�/�79d.�i1 -- �---�'' 1W Elm Agenda Item No . aw September 5, 1991 MEMORANDUM TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Placement of Private Fence on Public Property 1135 Bellevue Avenue PURPOSE: This memorandum will provide the Mayor and the Council with information to consider the execution of an agreement permitting the placement of a fence on public right-of-way at the subject location. BACKGROUND: Once in awhile we receive a request to construct a fence to enclose a piece of property by including a portion of street right-of-way because the sidewalk is adjacent to the curb and a fence in the middle of a lawn along the property line would look very odd and out of place. That is the situation in this request. The attached sketch shows the location of the existing sidewalk, retaining wall, property lines and house, plus the proposed fence location. We do not have any utilities located in the area to be fenced. The Elgin Municipal Code, Article 13.04 . 130 Encroachments, grants the City Council authority to permit such fence encroachments in the City right-of-way where such a fence is not a hazard. You will note in the agreement which is attached for your consideration there is a termination provision. FINANCIAL IMPACT: None to the City. RECOMMENDATION: It is recommended that the City Council approve the request and direct the staff to prepare the necessary resolution authorizing the Mayor and City Clerk to execute the agreement. 41/ flow Lar . Ric "ty Manager do Attachment AGREEMENT THIS AGREEMENT made and entered into this 07 day of May , 1991 by and between the City of Elgin, a municipal corporation, organized and existing under the laws of the State of Illinois (hereinafter referred to as "Licensor" ) and Mr. Bill Buttell of Elgin, IL (hereinafter referred to as "Licensee" ) . WITNESSETH WHEREAS, licensor is the owner of certain public property along 1135 Bellevue Avenue and legally described as follows: eft Lot 14, Block 10, Riverside Park Addition, Elgin, IL. and WHEREAS, Licensee desires to erect fencing on a portion of said property of Licensor for the purpose of enclosing Licensee's yard. NOW, THEREFORE, the parties agree as follows: r _2_ 4.41 1. Licensor hereby grants unto Licensee the right to erect fencing upon the premises outlined in Exhibit A, Attached hereto and incorporated herein for all purposes incident to this agreement. 2 . In consideration for this agreement, Licensee agreesto pay to Licensor a fee of Ten 0/0 Dollars ($10.00) due and payable when this agreement is executed. 3 . This agreement may be terminated by either party for any reason upon giving sixty (60) days written notice. In addition, this agreement may be terminated by Licensor upon five (5) days written notice to Licensee of a breach of any term or 47/ condition of this agreement. 4 . Licensee agrees to erect the fencing only with the specific written authorization of the City's Public Works Director and at such site and manner as is designated by the Public Works Director. The written authorization for the erection of said fencing shall, among other items, provide for the minimum distances between the fencing and any sidewalks, streets and fire hydrants and for restrictions on the placement of any and all shrubs or bushes along said fencing. A) -3- 5. Licensee agrees that the fencing shall be erected and maintained at all times in a safe, neat, sightly and good physical condition and in accordance with all requirements of the Elgin Municipal Code, 1976, as amended. Licensor shall be the sole judge of the quality of the construction and maintenance, and upon written notice by Licensor, through its Public Works Director, stating in general terms how and in what manner maintenance is required, Licensee shall be required to perform such required maintenance. If Licensee fails to do so, then Licensor shall have the right to perform this maintenance, the cost of which shall be borne by Licensee. Such fencing shall be removed from the premises immediately upon receipt of instruc- tions from the Public Works Director for the removal of same. Licensee shall at its own responsibility and expense obtain and keep in effect all licenses, bonds and permits necessary for the installation and existence of the fencing. 6 . Licensee shall immediately remove, at his own expense, said fencing in the event Licensor determines such removal necessary or convenient for the installation, repair or replacement of any utilities or any other public improvements on the subject premises. Any replacement or repair of the fencing, under any circumstances, shall be at the sole expense of the Licensee. r -4- 7 . Amq, Upon termination of this agreement, Licensee agrees to immediately remove the fencing from the premises and to restore the site to its original. condition. If Licensee fails to exercise its duties under this paragraph, Licensor shall have the right to remove the fencing and restore the premises at no cost or liability to the City. Licensee covenants and agrees to reimburse Licensor for such removal and/or restoration. 8. Licensor shall in no way be responsible for loss of or damage to the fencing or for any property belonging to or rented by Licensee, its officers, servants, agents or employees which may be stolen, destroyed or in any way damaged during the erection or maintenance of the fencing and Licensee hereby A7) indemnifies and holds harmless Licensor, its officers, agents, servants and employees from and against any and all such claims . 9. , Licensee agrees to and does hereby, indemnify, hold harmless and defend Licensor, its officers, agents, servants and property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the existence, maintenance, use, or location of the fencing whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontrac- tors, licensees or invitees of Licensor; and Licensee hereby 4, -5- assumes all liability and responsibility of Licensor, its officers, agents, servants and employees for such suits or claims. Licensee shall likewise indemnify and hold harmless Licensor for any and all injury or damage to the premises, whether arising out of or in connection with any and all acts or omisions of Licensee, its officers, agents, employees, contrac- tors, licensees, invitees or trespassers, or caused in whole or in part by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of Licensor. 10. Licensee convenants and agrees to furnish Licensor eimb. with a certificate of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the use, maintenance, existence or location of the fencing. The amounts of such insurance shall be as follows: Comprehensive General Liability for Bodily Injury, Personal Injury and Property Damage: $100,000 per occurrence; $500,000 annual aggregate; with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at Licensor's option and Licensee will so revise such amounts within thirty (30) days following notice to Licensee of such requirements. 11 . This license is personal to Licensee. It is nonassignable and any attempt to assign this license will be terminate the license privileges granted to Licensee hereunder. -6OEN - 12 . Licensee agrees that should any action, whether real or asserted, at law or in equity, rise out of the terms of this agreement, or by Licensee's operations on the premises, venue for said action shall lie in Kane County, Illinois. 13 . In any action brought by Licensor for the enforce- ment of the obligations of Licensee, Licensor shall be entitled to recover interest and reasonable attorney's fees . 14 . Licensee agrees to provide for recordation of this agreement at his own expense and to provide proof of such recordations to Licensor. IN WITNESS WHEREOF the parties have caused this 47) agreement to be executed by the Mayor and City Clerk of the City of Elgin and Mr. Bill Buttell. CITY OF ELGIN By MAYOR -7- Attest: CITY CLERK MR. BILL BUTE BY - ,/ 0 7' r elk ki ./0 --- ----- 're;eifee/#-/- 4 2___----.7-. .--e"-A5.7;,A gd/ieig 2 /zei.v.lz,e \ ' _ , I 'L... 1 Ye /ce d- N ----1 , „1 752,6Wery /me N N eia4w,e) 19re- 1 , '\ c.,:ea/serry La 1 A , • J